Many people believe that if the police don’t read them their Miranda rights, their case will be automatically dismissed. However, that is a misconception. The Miranda warning—established by the U.S. Supreme Court in Miranda v. Arizona (1966)—protects individuals from self-incrimination, but it does not invalidate an arrest or automatically result in a case being thrown out. Instead, the failure to provide a Miranda warning affects whether certain statements or confessions can be used as evidence in court.
Understanding how Miranda rights work in Maryland can help you navigate interactions with law enforcement and protect your rights if you are facing criminal charges.
What Are Miranda Rights?
Miranda rights stem from the Fifth Amendment, which protects individuals from being forced to incriminate themselves. In Miranda v. Arizona, the Supreme Court ruled that when a person is in police custody and subject to interrogation, they must be informed of the following rights:
- The right to remain silent.
- That anything said can be used against them in court.
- The right to an attorney.
- That if they cannot afford an attorney, one will be appointed for them.
These warnings ensure that a person understands their constitutional rights before answering any police questions. However, Miranda rights only apply when both custody and interrogation are present.
What Happens If Police Do Not Read Miranda Rights?
If the police fail to read your Miranda rights, it does not mean your case is automatically dismissed. Instead, it can impact whether certain statements or confessions are admissible in court.
- If No Miranda Warning is Given – If you are in custody and under interrogation, and law enforcement does not provide a Miranda warning, any self-incriminating statements you make may be excluded from evidence. This means the prosecution cannot use those statements against you in court.
- If You Voluntarily Speak Without Being Questioned – If you make voluntary statements without being interrogated, those statements may still be used in court, even if the police did not read your rights.
- If There is Physical or Other Evidence – Even if your statements are excluded due to a Miranda violation, the prosecution may still proceed with the case using other evidence, such as witness testimony, forensic evidence, or surveillance footage.
How Courts Determine If a Statement is Admissible
Maryland courts assess whether a statement was given voluntarily and whether a person was properly advised of their rights before making an incriminating statement. If there is a Miranda violation, the defense may file a motion to suppress, arguing that the statement should be excluded from evidence. If the judge agrees, the statement will not be presented at trial.
However, even if a statement is suppressed, the case does not automatically go away. The prosecution may rely on other evidence to continue pursuing charges. This is why it is critical to have a skilled criminal defense attorney review your case and determine the best legal strategy.
What Should You Do If You Are Arrested?
If you are arrested in Maryland, take the following steps to protect your rights:
- Remain Silent – Do not answer any questions beyond basic identification information. You have the right to remain silent and should use it.
- Ask for an Attorney – Clearly state, “I want to speak to an attorney.” Once you request a lawyer, police must stop questioning you.
- Do Not Consent to a Search – Unless officers have a warrant or legal justification, you are not required to consent to a search of your person, home, or vehicle.
- Avoid Discussing Your Case – Do not discuss your arrest with anyone except your lawyer. Conversations with family or friends can sometimes be used against you in court.
Conclusion
A failure to read Miranda rights does not mean a case is dismissed, but it can significantly impact the evidence the prosecution can use against you. If you are facing criminal charges in Maryland and believe your rights were violated, it is crucial to have a knowledgeable attorney on your side. Contact Southern Maryland Criminal Defense for experienced legal representation and to ensure your rights are protected throughout the legal process.
